FALL RIVER — Aaron Hernandez's defense lawyers say a judge should approve their proposed gag order because it would be more effective than the version submitted last week by prosecutors.

Hernandez's defense team criticized the prosecution's proposed order for supposedly narrowing the number of agents who would be subject to the order's provisions that nobody involved with the case can make prejudicial comments in the public or leak information to the press.

"The commonwealth's proposal is inadequate to protect the defendant's right to a fair trial, especially given the circumstances of this case," Hernandez's lawyers, Michael Fee and James Sultan, wrote in their Jan. 17 court filing.

On Jan. 15, prosecutors submitted a proposed gag order under which they would inform all investigators of their responsibility to abide by the order, as well as promising to investigate any alleged violations and reminding investigators of the potential penalties, which include being held in contempt of court.

Unlike the defense version, the prosecution's order does not include a stipulation that prosecutors and investigators swear an oath that they have not previously leaked prejudicial information to the press. Hernandez's lawyers included that provision in their proposed gag order earlier this month.

Hernandez's lawyers argue that the prosecution's version does not require the Bristol County District Attorney's Office to ensure that all its agents — investigators and prosecutors assigned to the case — read or even understand the gag order. The defense team is also not pleased that the prosecution's version would not require signed statements from its agents promising to abide by the order.

"The defendant's proposal, on the other hand, require the parties to take these basic and necessary steps," Hernandez's lawyers wrote.

Superior Court Judge E. Susan Garsh, who is presiding over the Hernandez murder case, will decide on the gag order issue at a later date. Hernandez, who is charged with murder and firearms offenses stemming from Odin Lloyd's June 17 homicide in North Attleborough, is scheduled to appear Feb. 5 in Fall River Superior Court for a pretrial conference.

Hernandez is being held without bail at the Bristol County House of Corrections in Dartmouth.

In November, Hernandez's lawyers renewed their request for a gag order after media reports quoting anonymous law enforcement sources said Hernandez, the former Patriots star tight end, was being investigated for an alleged gun-running scheme. Hernandez's lawyers accused the district attorney's office and its agents of leaking information to the press.

Prosecutors denied the allegations, which they called "baseless." To avoid negative publicity, prosecutors, in their proposed gag order, suggest that the court impound — hide from public view — alleged violations of the gag order until they are proven to have merit.

Page 2 of 2 - Hernandez's lawyers said they oppose the impounding request, adding that they will not allege any violations of the gag order "without a good faith basis for doing so."